Florida Senate - 2019                                     SB 234
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00610-19                                            2019234__
    1                        A bill to be entitled                      
    2         An act relating to registration and titling of
    3         vehicles and vessels; amending s. 320.055, F.S.;
    4         revising registration periods for certain vehicles;
    5         authorizing the Department of Highway Safety and Motor
    6         Vehicles to develop and employ methods to implement
    7         changes made by the act; providing a limitation;
    8         amending s. 320.0609, F.S.; authorizing a surviving
    9         spouse of a motor vehicle owner to present certain
   10         death records when requesting a registration
   11         certificate and license plate transfer; amending ss.
   12         320.07 and 320.0705, F.S.; conforming provisions to
   13         changes made by the act; amending s. 328.01, F.S.;
   14         authorizing a new owner or surviving coowner of a
   15         vessel to submit certain death records when applying
   16         for transfer of title; providing effective dates.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Effective September 1, 2020, paragraph (a) of
   21  subsection (1) and subsection (5) of section 320.055, Florida
   22  Statutes, are amended to read:
   23         320.055 Registration periods; renewal periods.—The
   24  following registration periods and renewal periods are
   25  established:
   26         (1)(a) For a motor vehicle subject to registration under s.
   27  320.08(1), (2), (3), (4)(a) or (b), (5)(b), (c), (d), or (f),
   28  (6)(a), (7), (8), (9), or (10) and owned by a natural person,
   29  the registration period begins the first day of the birth month
   30  of the owner and ends the last day of the month immediately
   31  preceding the owner’s birth month in the succeeding year. If
   32  such vehicle is registered in the name of more than one person,
   33  the birth month of the person whose name first appears on the
   34  registration shall be used to determine the registration period.
   35  For a vehicle subject to this registration period, the renewal
   36  period is the 30-day period ending at midnight on the vehicle
   37  owner’s date of birth.
   38         (5) For a vehicle subject to apportioned registration under
   39  s. 320.08(4)(c), (d), (e), (f), (g), (h), (i), (j), (k), (l),
   40  (m), or (n) s. 320.08(4), (5)(a)1. or, (e), (6)(b), or (14), the
   41  registration period shall be a period of 12 months beginning in
   42  a month designated by the department and ending on the last day
   43  of the 12th month. For a vehicle subject to this registration
   44  period, the renewal period is the last month of the registration
   45  period. The registration period may be shortened or extended at
   46  the discretion of the department, on receipt of the appropriate
   47  prorated fees, in order to evenly distribute such registrations
   48  on a monthly basis. For a vehicle subject to nonapportioned
   49  registration under s. 320.08(4)(c), (d), (e), (f), (g), (h),
   50  (i), (j), (k), (l), (m), or (n) s. 320.08(4), (5)(a)1., (6)(b),
   51  or (14), the registration period begins December 1 and ends
   52  November 30. The renewal period is the 31-day period beginning
   53  December 1.
   54         Section 2. In order to implement the changes made by this
   55  act to s. 320.055, Florida Statutes, the Department of Highway
   56  Safety and Motor Vehicles may develop and employ methods
   57  including, but not limited to, prorating registration fees for
   58  vehicles subject to registration under s. 320.08(4)(a) or (b),
   59  Florida Statutes, based on the number of months in the vehicle
   60  registration period. Proration is limited to the renewal of an
   61  unexpired registration or a registration that has been expired
   62  for no more than 30 days.
   63         Section 3. Subsection (7) of section 320.0609, Florida
   64  Statutes, is amended to read:
   65         320.0609 Transfer and exchange of registration license
   66  plates; transfer fee.—
   67         (7) A surviving spouse of a registered owner of any motor
   68  vehicle may, upon presenting the death certificate or death
   69  records maintained by the Department of Health and provided to a
   70  Florida tax collector, request a registration certificate and
   71  transfer of the registration license plate.
   72         Section 4. Effective September 1, 2020, paragraph (a) of
   73  subsection (2) of section 320.07, Florida Statutes, is amended
   74  to read:
   75         320.07 Expiration of registration; renewal required;
   76  penalties.—
   77         (2) Registration shall be renewed semiannually, annually,
   78  or biennially, as provided in this subsection, during the
   79  applicable renewal period, upon payment of the applicable
   80  license tax amounts required by s. 320.08, service charges
   81  required by s. 320.04, and any additional fees required by law.
   82         (a) Any person who owns a motor vehicle registered under s.
   83  320.08(4)(c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m),
   84  or (n) s. 320.08(4), (6)(b), or (13) may register semiannually
   85  as provided in s. 320.0705.
   86         Section 5. Effective September 1, 2020, subsection (1) of
   87  section 320.0705, Florida Statutes, is amended to read:
   88         320.0705 Semiannual registration or renewal for certain
   89  vehicles.—
   90         (1) The owner of a motor vehicle taxed under s.
   91  320.08(4)(c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m),
   92  or (n) s. 320.08(4) or (6)(b) may register his or her vehicle
   93  semiannually, if the amount of license tax due annually is more
   94  than $100 and the vehicle registration fee is not required to be
   95  apportioned, upon payment of a fee of $2.50 for each semiannual
   96  registration.
   97         Section 6. Paragraph (c) of subsection (3) of section
   98  328.01, Florida Statutes, is amended to read:
   99         328.01 Application for certificate of title.—
  100         (3)
  101         (c) In making application for transfer of title from a
  102  deceased titled owner, the new owner or surviving coowner shall
  103  establish proof of ownership by submitting with the application
  104  the original certificate of title and the decedent’s probated
  105  last will and testament or letters of administration appointing
  106  the personal representative of the decedent. In lieu of a
  107  probated last will and testament or letters of administration, a
  108  copy of the decedent’s death certificate or death records
  109  maintained by the Department of Health and provided to a Florida
  110  tax collector, a copy of the decedent’s last will and testament,
  111  and an affidavit by the decedent’s surviving spouse or heirs
  112  affirming rights of ownership may be accepted by the department.
  113  If the decedent died intestate, a court order awarding the
  114  ownership of the vessel or an affidavit by the decedent’s
  115  surviving spouse or heirs establishing or releasing all rights
  116  of ownership and a copy of the decedent’s death certificate
  117  shall be submitted to the department.
  118         Section 7. Except as otherwise expressly provided in this
  119  act, this act shall take effect July 1, 2019.